ATCP 75.03(9)(c)2.
2. Non-meal food sales from that location comprise no more than 50% by dollar volume of all meal and non-meal food sales from that location. Sales of alcohol beverages and vitamin supplements shall be excluded from the calculation of food sales under this subdivision.
ATCP 75.03(9)(d)
(d) A restaurant, vending machine, vending machine commissary or other establishment for which a permit is issued under s.
254.64, Stats., to the extent that the activities of the establishment are covered by that permit.
ATCP 75.03(9)(e)
(e) A retail food establishment operated by a person holding a dairy plant license under s.
97.20, Stats., if all the following apply:
ATCP 75.03(9)(e)1.
1. The person operates the retail food establishment at the same location as the licensed dairy plant.
ATCP 75.03(9)(e)2.
2. Food sales from that location, other than sales of dairy products produced at that location, comprise no more than 25% by dollar volume of all dairy and non-dairy food sales from that location.
ATCP 75.03(9)(f)
(f) A retail food establishment operated in conjunction with a state licensed or federally inspected meat establishment if all the following apply:
ATCP 75.03(9)(f)2.
2. The person operating the meat establishment operates the retail food establishment at the same location.
ATCP 75.03(9)(f)3.
3. Food sales from that location, other than sales of inspected meat or meat products produced at that location, comprise no more than 25% by dollar volume of all meat and non-meat food sales from that location.
ATCP 75.03(9)(g)
(g) A retail food establishment primarily engaged in selling fresh fruits and vegetables, honey, cider, sorghum or maple syrup produced by the operator of the retail food establishment if no other food processing activities are conducted at that retail food establishment.
ATCP 75.03(9)(h)
(h) A temporary retail food establishment operated by a religious, charitable or non-profit organization for no more than 12 days in any license year.
ATCP 75.03 History
History: Cr.
Register, January, 2001, No. 541, eff. 2-1-01;
CR 04-096: am. (3) (d)
Register June 2005 No. 594, eff. 7-1-05;
CR 05-044: am. (2), (3) and (4) (b)
Register December 2005 No. 600, eff. 1-1-06;
CR 07-037: am. (3) (a) to (e) and (4) (b) 1. to 5.
Register April 2008 No. 628, eff. 5-1-08;
CR 07-093: renum. from ATCP 75.02
Register December 2008 No. 636, eff. 1-1-09;
CR 08-075: am. (1) and (9) (f) 1.
Register April 2009 No. 640, eff. 5-1-09.
ATCP 75.04
ATCP 75.04
Denial, suspension or revocation of license; conditional license. The department or its agent may deny, suspend or revoke a license, or impose conditions on a license as provided under s.
93.06 (7) and
(8), Stats. Except as otherwise provided by statute, rule or local ordinance, the suspension or revocation of a license shall comply with the prior notice requirements of s.
227.51, Stats.
ATCP 75.04 History
History: Cr.
Register, January, 2001, No. 541, eff. 2-1-01;
CR 07-093: renum. from ATCP 75.03
Register December 2008 No. 636, eff. 1-1-09.
ATCP 75.05
ATCP 75.05
Standards for retail food establishments. A retail food establishment shall comply with the model food code appended to this chapter.
ATCP 75.05 History
History: Cr.
Register, January, 2001, No. 541, eff. 2-1-01;
CR 07-093: renum. from ATCP 75.04
Register December 2008 No. 636, eff. 1-1-09.
ATCP 75.06
ATCP 75.06
Retail food program; agent agreement. ATCP 75.06(1)(a)(a) The department may enter into an agent agreement with a local health department, under which the department authorizes the local health department to administer a retail food program as the department's local agent. An agent agreement may authorize the local agent to do any of the following as part of the local agent's retail food program within the local jurisdiction:
ATCP 75.06(1)(a)1.
1. License and inspect retail food establishments that are required to be licensed under
s. ATCP 75.03. A local agent shall use license forms approved by the department. The local agent may deny, suspend or revoke a license as provided in
s. ATCP 75.04.
ATCP 75.06(1)(a)3.
3. Investigate food-related consumer complaints involving retail food establishments.
ATCP 75.06(1)(a)4.
4. Enforce subch.
II and other state food safety laws identified in the agent agreement.
ATCP 75.06(1)(a)6.
6. Exercise other authority delegated by the department under s.
97.41, Stats., and the agent agreement.
ATCP 75.06 Note
Note: Paragraph (a) does not limit a local health department's authority to do any of the following:
ATCP 75.06 Note
• Enforce additional local ordinance requirements related to retail food establishments.
ATCP 75.06 Note
• Regulate restaurants, hotels or vending machine commissaries pursuant to an agreement with the Wisconsin department of health services under s.
254.69, Stats.
ATCP 75.06(1)(b)
(b) An agent agreement takes effect on the date specified in the agreement, and continues in effect until terminated by the local agent or the department. During the term of the agreement, the department may not perform in the local jurisdiction any of the activities that the local agent agrees to perform under the agreement, except as provided in s.
97.41 (8), Stats., or the agent agreement.
ATCP 75.06(1)(c)
(c) Upon request by a local agent, or as provided in the agent agreement, the department may assist the local agent in an inspection, investigation, enforcement action, plan review or other activity under the agent agreement.
ATCP 75.06(2)
(2) Local application for agreement. A local health department that wishes to enter into an agent agreement shall submit a written application to the department, in a form specified by the department. The application shall include a complete plan for the retail food program that the local health department proposes to implement under the agreement. The plan shall include all of the following:
ATCP 75.06(2)(b)
(b) The functions that the local health department proposes to perform under the program.
ATCP 75.06(2)(c)
(c) Projected local staffing and budget for the program, including staffing and budget for inspection and enforcement.
ATCP 75.06(2)(d)
(d) The entities that the local health department proposes to license under the program, and the approximate license fees that the local health department proposes to charge.
ATCP 75.06 Note
Note: A local ordinance may combine and expand license categories, as long as those categories include all of the retail food establishments that are required to be licensed under s.
ATCP 75.03 and the agent agreement. A local ordinance may establish local license fees that differ from the fees charged under s.
ATCP 75.03 (3) for licenses issued by the department. However, license fees must be based on the local agent's reasonable program costs. See sub. (4) (c) and s.
97.41 (4), Stats.
ATCP 75.06(2)(e)
(e) A description of the proposed licensing and recordkeeping system that the local health department proposes to maintain under the program.
ATCP 75.06(2)(f)
(f) A description of the proposed inspection and enforcement program that the local health department proposes to implement under the program.
ATCP 75.06(2)(g)
(g) Proposed procedures for coordinating with federal, state and local agencies in the event of an emergency or disaster.
ATCP 75.06(2)(h)
(h) The procedures that the local health department will use to grant or deny retail food establishment license applications, and the time periods within which the local health department will grant or deny a complete application. Procedures and time periods shall be consistent with those provided in
s. ATCP 75.03 (5) to
(7).
ATCP 75.06(2)(i)
(i) Reasonable assurance that the local health department will provide continuing adequate funding and other support for the program.
ATCP 75.06(2)(j)
(j) Other information, required by the department, which is reasonably necessary or relevant to the department's review of the application.
ATCP 75.06(3)
(3) Department action on local application. The department shall grant or deny an application under
sub. (2) within 60 days after the department receives a complete application.
ATCP 75.06(4)(a)1.
1. Clearly describe the retail food licensing program that the local agent agrees to implement. The program shall comply with applicable requirements under this chapter.
ATCP 75.06(4)(a)2.
2. Provide for full and adequate enforcement of subch.
II and other laws identified in the agreement.
ATCP 75.06(4)(b)
(b) An agent agreement may incorporate, by reference, information contained in the application under
sub. (2).
ATCP 75.06(4)(c)
(c) Retail food establishment license fees charged by a local agent may exceed the amounts specified in
s. ATCP 75.03 (3), but the amount of license fees collected less the amount paid to the department under
s. ATCP 75.11 (2) may not exceed an amount reasonably required to cover the local agent's program costs under
s. ATCP 75.10 (2).
ATCP 75.06 Note
Note: See s.
97.41 (4), Stats.
ATCP 75.06(5)
(5) Review and evaluation. The department shall periodically review and evaluate a local agent's implementation of an agent agreement, as provided in
s. ATCP 75.12.
ATCP 75.06(6)
(6) Amendments. An agent agreement may be amended at any time, by agreement of the parties.
ATCP 75.06(7)
(7) Termination by local agent. A local agent may terminate an agent agreement by giving 90 days prior written notice to the department.
ATCP 75.06(8)(a)(a) If the department finds that a local agent has failed to comply with the terms of the agent agreement, the department may by written notice terminate the agreement. The termination notice shall specify the termination date and reasons for termination.
ATCP 75.06(8)(b)
(b) A notice under
par. (a) may terminate an agent agreement immediately, without prior notice, if the department finds that immediate termination is necessary in an emergency to protect the public health, safety or welfare.
ATCP 75.06(8)(c)
(c) The department may issue a warning notice to a local agent, stating that the department may terminate an agent agreement if the local agent fails by a specified date to correct deficiencies identified in the warning notice.
ATCP 75.06 History
History: CR 07-093: cr.
Register December 2008 No. 636, eff. 1-1-09; correction to numbering in (1) (a) 4. to 6. made under s.
13.92 (4) (b) 1., Stats.,
Register December 2008 No. 636.
ATCP 75.07(1)(1)
Staff numbers; qualifications and equipment. A local agent shall employ adequate staff to implement the retail food program described in the agent agreement. One or more registered public health sanitarians, employed by the local agent, shall perform or directly supervise all retail food establishment inspections under the program. The local agent shall provide appropriate equipment to inspection personnel, as provided in the agent agreement.
ATCP 75.07(2)
(2) Training in standard procedures. The department shall train one or more registered public health sanitarians employed by each local agent, so that the sanitarians can apply standard inspection procedures prescribed by the department and if necessary teach those procedures to other inspectors employed by the local agent. The department shall evaluate its trainees, to ensure that they understand and can apply and teach the standard inspection procedures. The department may, from time to time, update standard inspection procedures.
ATCP 75.07(3)
(3) Department assumes no liability. The department assumes no liability for the job safety or welfare of a local agent's employees, or for the actions or omissions of the local agent's employees, except as otherwise provided by law.
ATCP 75.07 History
History: CR 07-093: cr.
Register December 2008 No. 636, eff. 1-1-09.
ATCP 75.08(1)(1)
General. A local agent shall inspect retail food establishments for compliance with subch.
II and other laws identified in the agent agreement. A local agent shall use standard inspection procedures that the department may, from time to time, prescribe.
ATCP 75.08(2)
(2) Licensed retail food establishments; inspection frequency and scope. A local agent shall conduct at least one unannounced inspection per year at each licensed retail food establishment, unless the agent agreement specifies a different inspection frequency. The inspection shall evaluate all of the following, subject to the terms of the agent agreement:
ATCP 75.08(2)(c)
(c) Food preparation, holding and display, including temperature control if applicable.
ATCP 75.08(3)
(3) Inspection-related tasks. A local agent shall do all of the following as part of an inspection under this section:
ATCP 75.08(3)(b)
(b) Prepare an inspection report that identifies law violations, if any, and specifies correction deadlines. The inspector shall use an inspection report form approved by the department. The inspector shall provide a copy of the inspection report to the operator of the retail food establishment. If possible, the inspector shall discuss the report with the operator and obtain a receipt acknowledgment from the operator.
ATCP 75.08(3)(c)
(c) Conduct timely re-inspections, as necessary, to determine whether violations have been corrected.
ATCP 75.08 History
History: CR 07-093: cr.
Register December 2008 No. 636, eff. 1-1-09.
ATCP 75.09(1)
(1)
General. Except as provided in
sub. (2), a local agent shall investigate every food-related complaint that it receives against a retail food establishment under its jurisdiction. The local agent shall prioritize and investigate complaints according to established complaint handling and investigation procedures. The following types of complaints shall be treated in descending order of priority:
ATCP 75.09(1)(a)
(a) If a complaint alleges facts that indicate a serious or imminent public health hazard, the local agent shall investigate immediately.
ATCP 75.09(1)(b)
(b) If a complaint alleges facts that indicate a potential public health problem, but not a serious or imminent public health hazard, the local agent shall investigate as soon as practicable.
ATCP 75.09(1)(c)
(c) If a complaint has no public health significance, the local agent may investigate the complaint when time permits.
ATCP 75.09(2)
(2) Coordination with other agencies. A local agent shall notify and consult with the department and other affected agencies having jurisdiction, as necessary, related to complaints that may be of significant concern to those agencies. A local agent shall coordinate complaint investigations, as necessary, with other agencies having jurisdiction.
ATCP 75.09 History
History: CR 07-093: cr.
Register December 2008 No. 636, eff. 1-1-09.
